Trial News

During her work shift at a Cracker Barrel restaurant, Monica Patterson, 58, noticed that freezing rain was falling throughout the afternoon and evening. She called and left a message with the property manager, requesting that the parking lot be de-iced. After finishing her shift at 11 p.m., Patterson walked to her car and fell while clearing the vehicle’s windshield. She suffered a labral tear to her right shoulder, which necessitated arthroscopic surgery, injections, and physical therapy, among other treatments. She continues to suffer from pain and a limited range of motion and has not returned to her managerial job or any other position. Her medical expenses were more than $83,700.

Patterson sued the premises owner, alleging it breached a duty to clear and de-ice its parking lot. The defense argued that it had no legal duty to clear the parking lot during an active precipitation event and also asserted that the plaintiff’s injuries resulted from a previous incident.

The parties settled for $200,000.

Citation: Patterson v. Rockvale Outlets, No. 17-06535 (Pa. Ct. Com. Pl. Lancaster Cnty. Apr. 1, 2019).

Plaintiff counsel: AAJ member Richard M. Jurewicz, Philadelphia.

Plaintiff expert: Mark Avart, orthopedics, Bala Cynwyd, Pa.